This section is an excerpt from the Ontario Works Act, 1997 prescribed by the Province of Ontario.
2. (1) For the purposes of the Act and the regulations, a person is a dependent adult, in relation to an applicant or recipient if,
(a) the applicant or recipient or the spouse included in the applicant’s or recipient’s benefit unit is the person’s parent;
(b) the person resides in the same dwelling place as the applicant or recipient;
(c) the person is 18 years of age or older;
(d) the person is not financially independent as determined under subsection (2); and
(e) the person has not been determined to be a person with a disability under the Ontario Disability Support Program Act, 1997 or a member of a prescribed class under subsection 4 (1) of Ontario Regulation 222/98 (General) made under that Act.
(2) A person is financially independent if,
(a) the person resides with a person who would be his or her spouse if the person were an applicant or recipient or the person has resided with such a spouse at any time in the past;
(b) the person is eligible as a sole support student under the Ontario Student Assistance Program or has been so eligible at any time in the past;
(c) there have been one or more periods totalling at least two years in which any one, or any combination, of the following criteria has been met:,
i.the person’s net monthly income, as determined by the administrator, other than income from support paid to or on behalf of the person, has been greater than the maximum amount of income assistance provided for a single person, or
ii.the person’s basic needs and shelter have been provided for by a source other than the person’s parent or an institution
iii.the person has received social assistance as a recipient, or
iv.the person has not resided in the same dwelling place as his or her parent after his or her 18th birthday;
(c.1) the person is no longer attending school, as defined in subsection 1 (1) of the Education Act, or receiving instruction at home or elsewhere for the purposes of clause 21 (2) (a) of the Education Act and five years have elapsed since the person’s last day of school or since the person ceased to receive instruction at home or elsewhere, as the case may be;
(c.2) the person has received a diploma from a college of applied arts and technology or a degree from a university or other institution with degree-granting authority;
(c.3) the person has lawful custody of his or her child, or has had lawful custody of his or her child in the past;
or
(d) in any month,
i.the person’s assets exceed the maximum amount of assets permitted for a single person under section 38, or
ii.the person’s net monthly income, as determined by the administrator, other than income from support paid to or on behalf of the person, is greater than the maximum amount of income assistance provided for a single person.
11. (1) A dependent adult is not eligible for income assistance on his or her own behalf.
(2) A person who is a dependent adult or a dependent child and who has a dependent child may apply for income assistance on behalf of the dependent child but is not eligible for income assistance on his or her own behalf.
(3) A person who resides in the same dwelling place as his or her parent is not eligible for income assistance on his or her own behalf unless he or she is financially independent within the meaning of subsection 2 (2).
(4) A person to whom subsection (3) applies and who has a dependent child may apply for income assistance on behalf of the dependent child.
44 (2)The budgetary requirements for an applicant or recipient who is a sole support parent to whom subsection 11 (2) or (4) applies or is a sole support parent who is a dependant under the Ontario Disability Support Program Act, 1997 shall be equal to the sum of the following amounts:
1. An amount for dependants of the dependant determined in accordance with the following Table:
| Number of Dependants of the Dependant | Maximum Amount |
|---|---|
| 1 | $366 |
| 2 | $419 |
| 3 | $479 |
| 4 | $537 |
| 5 or more | $568 |
5.Subject to subsection (6), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lessor of, for each member of the benefit unit,
i.the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and
ii.$250
6.For the month in which an approved health professional confirms that a dependant of the dependant is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the dependant of the dependant is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,
i.$50, if an approved health professional confirms that the person requires a non-dairy diet, or
ii.$40, otherwise
(3) The budgetary requirements for an applicant or recipient who resides in the same dwelling place as a person who is his or her parent or the parent of his or her spouse included in the benefit unit shall be equal to the sum of the following amounts:
1. An amount determined in accordance with the following Table:
| No. of dependants other than a spouse |
Dependants 18 years or older |
Dependants 0 – 17 years |
Recipient | Recipient and spouse |
|---|---|---|---|---|
| 0 | 0 | 0 | $343 | $494 |
| 1 | 0 | 1 | $360 | $494 |
| 1 | 1 | 0 | $623 | $652 |
| 2 | 0 | 2 | $360 | $494 |
| 2 | 1 | 1 | $623 | $652 |
| 2 | 2 | 0 | $781 | $826 |
For each additional dependant: add $175 if the dependant is 18 years of age or older, or $0 if the dependant is 0-17 years of age.
3. For the month in which an approved health professional confirms that a member of the benefit unit requires a special diet because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 and specifies the medical condition and for each succeeding month, up to and including the month in which the administrator requires reconfirmation of the requirement for a special diet, an amount that is the lesser of, for each member of the benefit unit,i.the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and
ii.$250
4.$71 (Special Boarder Allowance).
5.For the month in which an approved health professional confirms that a member of the benefit unit is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the member of the benefit unit is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,
i.$50, if an approved health professional confirms that the pregnant person requires a non-dairy diet, or
ii.$40, otherwise
(4) The budgetary requirements set out in subsection (3) do not apply to a person who is an applicant or recipient if he or she meets any one of the following criteria:
1.The parent with whom the person is living is in receipt of a payment under Part II of the Old Age Security Act (Canada) or a payment under the Ontario Guaranteed Annual Income Act.
2.The person, or the spouse of the person, rents or owns the dwelling place in which he or she and the parent reside.
3.The person establishes to the satisfaction of the administrator that he or she, or his or her spouse, has a legal obligation to pay or to contribute to one or more of the elements of shelter cost set out in paragraphs 1 to 10 of the definition of “shelter” in subsection 42 (1) for the dwelling place.
4.The person establishes to the satisfaction of the administrator that he or she is required by the parent to pay for shelter in order to continue to reside in the dwelling place of the parent. O. Reg. 383/05, s. 2 (2).
(5) Despite the determination that a person is financially independent within the meaning of subsection 2 (2), the person may elect to be considered not financially independent if he or she would, but for his or her election under this subsection, have his or her budgetary requirements determined under subsection (3).
An applicant, over the age of 18 years of age, living in the home of his or her parents or the home of the parents of his or her spouse, will have eligibility for social assistance and the calculation of budgetary requirements based on whether:
Applicants who are living with their parents are eligible for assistance in their own right if they are determined to be financially independent and are in financial need.
A determination of whether a person is financially independent is completed for all applicants 18 years of age and older who are living with their parents.
An applicant is determined to be financially independent if one or more of the following criteria is met:
Calculating Assistance For Dependent Adults
An applicant or participant over 18 years is considered a “dependent adult” if:
Dependent adults have no eligibility in their own right. Eligibility for social assistance depends on his or her parent’s eligibility.
If parents are not in receipt of social assistance
(or, are not eligible for social assistance)
If parents are in receipt of social assistance
Calculating Assistance For Financially Independent Adults
If no exception to “living with parents” rule exists, financially independent applicants or participants residing with parents receive Basic Needs plus $71. An applicant or participant may be eligible for assistance with the costs of a special diet, if approved by a health professional, up to the maximum of $250. There may also be eligibility for a pregnancy nutritional/breastfeeding allowance.
Financially independent adults living with parents who meet one or more the exceptions to the “living with parents” rule will have their budgetary requirements determined according to family size and actual shelter costs. Budgetary amounts will be based on sections 41 and 42 (2) or section 44 (1) of the regulations, as appropriate.
A person who has been determined to be financially independent may elect to have their budgetary requirements determined as a dependent adult.
If the financially independent adult elects to have their budgetary requirements determined as a dependent adult, they will be included in the parental benefit unit if the parents are in receipt of assistance.
Dependent adults are required to participate in Ontario Works (OW). A Participation Agreement (PA) is to be completed as per current practices.